What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases can also include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme crimes.
The first type of damages is typically called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as travel costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Manchester injury lawyers will assist you to value these damages based on the severity of your injuries. This could be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact time frame differs from state to state but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the period for filing an injury claim. If you need help in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance.
Certain circumstances can stop the statute of limitations clock, but these instances are rare and generally need to be analyzed on a case-by-case basis. For instance the statute of limitations may not begin to run until the victim discovers or ought to have realized that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The complaint is the initial document that is filed in a personal injury case. It includes specific allegations concerning the incident that led to your injuries, and the damages you seek. The complaint also contains the "prayer for relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that these injuries are worthy of financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time your case will have deadlines set by the Court itself. This is also when your lawyer will discuss the matter with the defense.
A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they may participate via phone or internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this time frame can be extended if the court gives approval). Once the Answer has been filed, the matter moves into the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
The court will not permit a new theory to be introduced at any stage in the litigation that is unreasonably late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the particulars of your incident is required to conduct an examination. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their goal is to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in reducing the amount of compensation that may be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. It is essential to avoid playing around with the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may make use of this information against you at trial.